Will Illinois Be the Next State to Legalize Medical Marijuana?

January 23, 2013

During the 2012 election, supporters of relaxed marijuana laws saw huge gains. Residents in Massachusetts and the District of Columbia voted to permit the use of medical marijuana, joining a group of 17 states that have already passed such laws. Colorado and Washington even went as far as to allow the use of marijuana for recreational purposes.

Illinois may be next. State lawmakers have been seriously discussing the prospect of legalizing medical marijuana. According to the Marijuana Policy Project, a national group that lobbies for the reform of marijuana laws, a vote could happen as early as January 2013.

The chief sponsor of the legislation is Lou Lang, a Democrat from Skokie. In early December 2012, Lang told the Chicago Tribune that he was close to securing the 60 votes needed to pass the bill and was optimistic about its chances of moving forward.

How the program would work

The bill's proponents say that the legislation is narrowly tailored to address legitimate medical needs without leading to a de facto legalization of recreational marijuana.

Only people diagnosed with a fixed set of medical conditions -- including HIV, multiple sclerosis and some types of cancer -- would be able to qualify for a medical marijuana permit. Unlike in other states, the Illinois legislation does not include a "catch-all" category for other conditions that could be helped by medical marijuana, though the Illinois Department of Public Health would be empowered to add to the list of qualifying conditions.

Medical marijuana patients would be allowed to purchase up to 2.5 ounces of marijuana from a licensed dispensary during a 14-day period. Marijuana dispensaries must be nonprofit, and the bill limits the number of dispensaries to one per senate district. Patients would not be allowed to grow their own marijuana.

Not every patient with a qualifying medical condition would have access to legal medical marijuana. Law enforcement officers, first responders, correctional officers and other public safety personnel would be prohibited from using medical marijuana. In addition, employers would be allowed to retain their zero-tolerance drug policies, meaning that legal medical marijuana users could still face employment-related consequences.

Illinois marijuana penalties

Even though society has relaxed its attitudes toward medicinal and recreational use of marijuana over the last several years, it is important for Illinois residents to remember that the possession, sale and cultivation of marijuana is illegal and can bring significant criminal penalties.

Under Illinois law, possession of anything less than 30 grams of marijuana -- a little more than an ounce -- is a misdemeanor that can be punished by between 30 days and a year in jail. A subsequent offense for possessing more than 10 grams is a felony that carries a mandatory minimum sentence of one year in prison.

The penalties for sale are even greater. Selling up to 10 grams of marijuana is a misdemeanor that can bring between six months and a year in jail. Selling anything more than 10 grams is a felony that will result in a mandatory minimum prison sentence.

Growing your own marijuana is punished just as harshly. Growing up to four plants is a misdemeanor punishable by up to a year in jail. Anything more than that is a felony, the penalties for which increase in correlation to the number of plants.

Given these significant penalties, if you or a loved one has been charged with a marijuana crime in Illinois, it is important to take your defense seriously. Talk to a criminal defense attorney who can help you protect your rights and your future.

Article provided by Acosta Law Group
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